MALTA Law and Practice Contributed by: Damien Degiorgio and Ramona Galea, Fenech Farrugia Fiott Legal
The Environment Protection Act, Chapter 549 of the Laws of Malta, does, however, provide that every person and entity, whether public or pri - vate, has the duty to protect the environment and to assist in the taking of preventative measures to avoid damages or remedial measures which can remediate any damage that may have been caused. However, it should be noted that such duty is not enforceable before a court of law. In addition, the Prevention and Remedying of Environment Regulation, Subsidiary legisla - tion 549.97 of the Laws of Malta provides that where environmental damage is caused by pol - lution, it will be essential to establish a causal link between the damage and the activities of individual operators. Whether the buyer had any - thing to do with the damage is ancillary, as they will nevertheless have an obligation to inform the relevant authority of the situation, take all practi - cal steps to control and prevent further environ - mental damage and take all necessary remedial measures, at their own cost. In any case, the competent authority will have the right to initi - ate cost recovery proceedings against either the buyer who acquired the property, or otherwise a third party, possibly being the seller of the prop - erty who would have caused the damage, in relation to any measures taken within five years from the date on which those measures were completed or the liable person was identified. 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law The Development Planning Act, Chapter 552 of the Laws of Malta provides the applicable rules relating to sustainable land planning and development management in Malta. It outlines the functions of the planning authority, which is responsible for the administration and enforce - ment of the policies regulating land use and planning. Buyers are advised to consult and
engage a warranted architect who can provide professional guidance on the permitted use of a specific land and determine whether the intend - ed project complies with the applicable zoning and planning laws. 2.9 Condemnation, Expropriation or Compulsory Purchase The Government Lands Act, Chapter 573 of the Laws of Malta, regulates the mechanism for land acquisition by the government and the proce - dures that follow in relation to such acquisition. The government can choose to take over any private property: • by the absolute purchase of the property; • for the possession and use of the property for a period of not more than ten years; or • by acquiring part of a land by absolute pur - chase and part of it by possession and use. The applicable procedure is as follows. • If the Lands Authority (the “Authority”) con - siders it desirable that any land should be examined to determine its possible acquisi - tion for public purpose, it may make a decla - ration to be signed by the Chairperson of the Board of Governors of the Lands Authority to that effect. Following this, it shall then be lawful for the Lands Authority, or any person authorised by it, to enter and survey the land and to do all other acts necessary to deter - mine whether the land is adapted for such purpose. • If the land is deemed to be appropriate for public purpose, the Chairperson shall draw up and sign a declaration to that effect, which shall then be published in the Government Gazette and at least once in two daily or Sun - day local newspapers. Such declaration shall contain well-defined detail to allow anyone
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